IHT NETWORK LIMITED Vs. SACHIN BHARDWAJ

JUDGEMENT

(1.) The present appeal has been filed by M/s. IHT Network Limited (appellant-defendant) seeking to set aside the final order dtd. 9/3/2016. Vide the impugned final order dtd. 9/3/2016, the Ld. ADJ-04(NW), Rohini District Courts, Delhi (hereinafter referred to as the Ld. Trial Court) had decreed the suit for recovery filed by the Respondent-Plaintiff to the tune of Rs.19,12,080.00 along with interest (simple interest) @ 12% per annum from the date of filing of the suit till its realization along with cost of the suit. For the sake of convenience parties are also being referred to by their original names in the suit.

(2.) The instant suit was filed by the respondent-plaintiff for the recovery of Rs.19,12,080.00 alleging as follows:-

(3.) The appellant-defendant filed its written statement alleging that- (i) suit was barred by limitation as the franchisee agreement was revoked on 13/5/2009; whereas, the present suit was instituted on 14/5/2012 (ii) the plaintiff had failed to sign the franchisee agreement after expiry of 90 days as mentioned in the MoU (iii) the plaintiff was in breach of the terms of the MoU and the defendant vide its various letters being letter dtd. 22/4/2009, letter dtd. 5/5/2009 and letter dtd. 13/5/2009 had requested the plaintiff to rectify the breaches mentioned therein. In so far as the terms of the MoU as stated in para 5 of the plaint are concerned, the defendant in corresponding para 5 of the written statement took a stand that the same are matter of record.